i-law.com

LINNETT v HALLIWELLS LLP

[2009] BLR Plus 1

Adjudication - Adjudicator' fees - Contract/no contract - Acceptance through silence - Acceptance through conduct - Quantum meruit - Jurisdiction - Referral not received within seven days - Contract in writing.

W HING CONSTRUCTION CO LTD v BOOST INVESTMENTS LTD

[2009] BLR Plus 2

Extensions of time - Liquidated damages - Conditions precedent - Notice provision in extension of time clause - Whether complied with - Architect's certificate in liquidated damages clause.

DOBSON v THAMES WATER UTILITIES LTD

[2009] BLR Plus 3

Nuisance - Damages - Loss of amenity - Basis of assessment - Whether common law award includes damages recovered by property owner on behalf of non-property owner - Basis for award under Human Rights Act 1998, section 8 - Relationship with common law damages.

QUARTZELEC LTD v HONEYWELL CONTROL SYSTEMS LTD

[2009] BLR Plus 4

Adjudication - Defence to claim not previously raised - Jurisdiction - Natural justice - Severance. Adjudication - Severance - Whether part of award could be considered valid or reduced by amount of defence or cross-claim.

RUTTLE PLANT HIRE LTD v SECRETARY OF STATE FOR ENVIRONMENT, FOOD & RURAL AFFAIRS

[2009] BLR Plus 5

Late Payment of Commercial Debts (Interest) Act 1998, section 4 - Interest on debt - Period for which interest runs - Incorrect invoices - Whether notice given of amount of debt or amount claimed as debt. Late Payment of Commercial Debts (Interest) Act 1998, section 5 - Remission of statutory interest - Discretion - Matters to be taken into account. Supreme Court Act 1981, section 35A - Date on which cause of action for payment for work done arises.

AMEC GROUP LTD v UNIVERSAL STEELS (SCOTLAND) LTD

[2009] BLR Plus 6

Injunction - Delivery up of Quality Assurance documentation - Contractual duty to provide - Alleged outstanding sums under contract - Whether right to retain - Balance of convenience - 'Commercial advantage' lost if delivery up ordered - Whether proper consideration.

AUTOLINK CONCESSIONAIRES (M6) PLC v (FIRST) AMEY CONSTRUCTION LIMITED

[2009] BLR Plus 7

Defects - Meaning of expression - Interpretation of contracts - Context - Matrix of fact - Commercially sensible interpretation - Warranties - Fitness for purpose.

FARM ASSIST LTD (IN LIQUIDATION) v THE SECRETARY OF STATE FOR THE ENVIRONMENT, FOOD AND RURAL AFFAIRS (NO 2)

[2009] BLR Plus 8

Mediation - Settlement of dispute - Claim arising in relation to settlement agreement - Witness summons - Mediator summoned to give evidence - CPR rule 34.3(4) - Application by mediator to set aside witness summons.

HS WORKS LTD v ENTERPRISE MANAGED SERVICES LTD

[2009] BLR Plus 9

Adjudication - Natural justice - Withholding notice - Final account - Meaning of dispute - Spot check of evidence - Multiple adjudications - Method of enforcement - Set off.

FERRARA QUAY LTD v CARILLION CONSTRUCTION LTD

[2009] BLR Plus 10

Interim injunction - Restraining contractor from determining its employment - Whether injunction should be continued - Termination - Contractor's determination of its employment - Whether notice given within reasonable time after repetition of default - Whether notice of determination given unreasonably or vexatiously - Clause 28 of JCT Standard Building Contract with Contractor's Design (1998).

AMARYLLIS LIMITED v HM TREASURY (SUED AS OGCbuyingsolutions.com) (NO 2)

[2009] BLR Plus 11

Disclosure - Public Interest Immunity - Confidentiality - Relevance - Public Contracts Regulations 2006

WILLIAM HARE LTD v SHEPHERD CONSTRUCTION LTD and C R REYNOLDS v SHEPHERD CONSTRUCTION LTD

[2009] BLR Plus 12

Pay when paid clause - Operative on employer's insolvency -Insolvency defined inter alia as arising on making of administration order under Part II of Insolvency Act 1986 -Administrators appointed pursuant to paragraphs 22 to 34 of Schedule B1 of Insolvency Act 1986 (without administration order being made) -Whether employer insolvent within meaning of clause

IMPERIAL CANCER RESEARCH FUND CANCER RESEARCH UK v OVE ARUP & PARTNERS LTD OVE ARUP & PARTNERS INTERNATIONAL LTD

[2009] BLR Plus 13

CPR 7.6(2) - Extension of time for service of claim form - Discretion of court to extend time for service of claim form when application made within period specified for service by the Rules - Delay to service while awaiting expert report upon which to particularise claim - Expert report required to establish whether claim in professional negligence viable.

PRIMUS BUILD LTD v (1) POMPEY CENTRE LTD (2) SLIDESILVER LTD

[2009] BLR Plus 14

Adjudication - Service of Notice of Adjudication - Whether in accordance with contractual requirements or not - Whether valid service or not - Whether invalid service has consequences on enforceability.

CITY & GENERAL (HOLBORN) LTD v STRUCTURE TONE LTD AND AINSCOUGH CRANE HIRE LTD CITY & GENERAL (HOLBORN) LTD v (1) ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS

[2009] BLR Plus 15

CPR Part 7.6 â Ex parte application for extension of time for claim form. CPR Part 29.9(3) â Setting aside extension of time granted upon ex parte application

FITZROY ROBINSON LTD v MENTMORE TOWERS LTD AND OTHERS

[2009] BLR Plus 16

Misrepresentation â Fraud â Deceit â Non-disclosure â Silence â Misrepresentation Act 1967. Contract for architectural services -- Contractual terms as to cooperation.

SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD

[2009] BLR Plus 17

Insurance â Works insurance â Amendment â Limitation â Section 35 Limitation Act â he moved CPR 17.4.2 â New claim â Same or substantially the same facts â Discretion â New case pleaded in Reply.

VISION HOMES LTD V LANCSVILLE CONSTRUCTION LTD

[2009] BLR Plus 18

Adjudicator - Appointment - Whether adjudicator nominated before the relevant Notice of Intention to Refer was given was validly appointed. Adjudication - Certainty of the adjudicator's decision. Adjudication - Jurisdiction - Whether adjudicator decided the dispute that had been referred to him. Adjudication - Natural justice - Whether adjudicator gave sufficient opportunity to the parties to address the manner in which he intended to decide the dispute. Adjudication - Whether party precluded from proceeding with two adjudications at the same time. Adjudication - Whether a term implied in adjudication where two adjudications proceeding concurrently, that time limits in second adjudication abrogated whilst the authority of the first adjudicator to act is determined.

WORKSPACE MANAGEMENT LTD v YJL LONDON LTD

[2009] BLR Plus 19

Arbitration - Costs award - Unpaid - Application to enforce. Arbitration - Costs award - Adjudication decision - Whether equitable set-off.

K/S LINCOLN AND OTHERS v CB RICHARD ELLIS HOTELS LTD

[2009] BLR Plus 20

Pleadings – Application to strike out – CPR Part 3.4.

CAMILLIN DENNY ARCHITECTS LTD v ADELAIDE JONES & COMPANY LTD

[2009] BLR Plus 21

Adjudication – Jurisdiction – Novation.

TAI PING CARPETS UK LTD v ARORA HEATHROW T5 LTD

[2009] BLR Plus 22

CPR Part 30 – Transfer of Proceedings from District Registry to Royal Courts of Justice – Technology and Construction Court – Practice – Technology and Construction Court Guide (2nd Edition) – Transfer of proceedings to London Technology and Construction Court from District Registry – Appropriate court to hear transfer application.

NORTH MIDLAND CONSTRUCTION PLC v AE&E LENTJES UK LTD (FORMERLY LENTJES UK LTD) (FORMERLY LURGI (UK) LTD)

[2009] BLR Plus 23

Housing Grants, Construction and Regeneration Act 1996, section 105(2)(c) – Whether works amounted to assembly, installation or demolition of plant or machinery, or erection or demolition of steelwork for the purposes of supporting or providing access to plant or machinery.

CHARTBROOK LTD v PERSIMMON HOMES LTD AND OTHERS

[2009] BLR Plus 24

Contract interpretation – Commercial context – Pre-contractual negotiations – Admissibility – Rectification – Admissibility of evidence.

Building Law Reports Plus